793.003/271
The Acting Secretary of State to the Japanese Ambassador (Debuchi)65
Referring particularly to the statement of the Japanese Government’s views given by the Japanese Ambassador to the Acting Secretary on February 6, the following comments are offered:
In reference to the progressive scheme outlined, it is noted that the scheme provides that after the promulgation and putting into force by China of codes of law, a certain period of time is to elapse. Thereafter, Japanese subjects in China, except in certain limited areas of special nature, shall, in civil cases be amenable to Chinese law and jurisdiction, subject to certain safeguards. Among the safeguards: cases involving Japanese subjects are to be tried in Chinese modern courts; the Chinese Government is to undertake to secure the services of judges of foreign nationalities who are to be authorized to take part in trials and decisions; in civil matters, arbitration is to be permitted and the rules and practice of civil detention are not to be applied to Japanese subjects; and Japanese lawyers and interpreters shall be allowed to appear in court. It is provided that upon the abolition of extraterritoriality in civil cases Japanese subjects are to be permitted to reside and carry on trade throughout China. It is provided that, after the termination of extraterritoriality in civil cases and upon a further lapse of time, Japanese subjects are to become amenable to Chinese jurisdiction in criminal cases, this being predicated on the assumption that the experience of the administration of justice in China shall have proved satisfactory and that normal conditions of order and progress prevail in China.
The Department would appreciate being informed whether this progressive scheme as outlined has been laid before the Chinese Government.66 It would also appreciate information with regard to the possible length of the periods of time and lapses of time or possible dates which the Japanese Government has in mind.
The Department would appreciate being informed with regard to the extent to which the Japanese Government and the British Government or their representatives in China are cooperating in the formulating of proposals and the carrying on of discussions with the Chinese Government.
- Notation on margin by the Chief of the Division of Far Eastern Affairs, February 18, 1930: “Read (but not given) by Mr. Cotton to the Japanese Ambassador.”↩
- In reply to the oral query by the Acting Secretary of State, the Japanese Ambassador stated that the matter had not been submitted to the Chinese Government (793.003/271).↩